Simmons v. Belt
Supreme Court of Missouri
Error to St. Louis Circuit Court. Plaintiff sued Belt as maker, Sturgeon & Bro. and Crick-ard (who owned the note) as endorsers.
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Error to St. Louis Circuit Court. Plaintiff sued Belt as maker, Sturgeon & Bro. and Crick-ard (who owned the note) as endorsers. Defendants, Belt and Sturgeon & Bro., prayed the following instructions, which were refused, and defendants excepted : 1. If Bernard Crickard did not endorse and deliver to plaintiff the note sued upon for value received, but only for collection, then said plaintiff cannot recover in this action under the pleadings. 2. If said Crickard was prior endorser to the plaintiff, and now is the legal owner of the note, the plaintiff cannot recover in this action. Defendants…
1Opinion of the CourtDryden, Judge
The plaintiff below, being the assignee or endorsee of a promissory note, sued the maker and endorsers jointly, and recovered a joint judgment against them. The endorsers moved in arrest, on the ground that the petition showed no cause of action as against them. The motion was overruled, and'the case was brought here by writ of error-. The petition is as follows, viz:
“ In the St. Louis Circuit Court, September- Term, 1861. St. Louis County, Mo. Samuel Simmons, plaintiff, v. Henry B. Belt, John Sexton, Sr., John Sexton, Jr., Isaac H. Sturgeon, Thomas L. Sturgeon, and Bernard Crickard,…
2Cases cited2 opinions
- Beattie v. LettSupreme Court of Missouri · 1859
- Lindsay v. ParsonsSupreme Court of Missouri · 1864
3Cited by7 opinions
- Hart v. Harrison Wire Co.Supreme Court of Missouri · 1886
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
- Jacobs v. GibsonMissouri Court of Appeals · 1898
- Buddington v. MastbrookMissouri Court of Appeals · 1885
- Townsend v. Chas. H. Heer Dry Goods Co.Supreme Court of Missouri · 1885
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